Are 1,000-foot buffer zones around schools where guns are not allowed constitutional?
That question will be determined by the Fifth Circuit Court of Appeals, which heard arguments last week from both sides of the issue. Several Second Amendment advocacy organizations argued that the historical tradition necessary for these laws to pass muster simply does not exist.
The Second Amendment Foundation, the Second Amendment Law Center, and the California Rifle & Pistol Association submitted an amicus brief to the court making their case.
United States v. Allam is a criminal appeal before the Fifth Circuit challenging the Gun Free School Zones Act. According to the plaintiffs, this federal law violates gun rights guaranteed by the Constitution.
Their argument notes that schools and thus threats to schools have existed for hundreds of years. Despite this, the district court erred when it based its ruling on an approach that is supposed to be allowed only with new or unprecedented factors or issues.
Further, the district court referenced similar buffer zones around polling places mandated in only a few states. This even though these locations are only “gun free” on election days.
One or maybe two times per year, not every day as is the case with the school-related prohibition.
The filing displayed a map of Dallas, which has numerous schools across the urban area, rendering much of the landscape “gun-free.”
Though Texas is a constitutional carry state, these zones often overlap each other and make legally possessing a firearm difficult for city residents.
It is unreasonable and likely unconstitutional to expect law-abiding Americans to consult maps or GPS apps to determine whether they are permitted to carry their lawful weapons. The Fifth Circuit should rule against this misguided federal law and side with Second Amendment rights.
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